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Attorney General To Appeal Unconstitutionality Of Md. Gun Law

BALTIMORE (WJZ)—He fought off a home invader. Now a Maryland man has fought off a state gun control law.

Alex DeMetrick reports on the legal victory for carrying a concealed weapon for self-protection.

Buying a handgun in Maryland means paperwork and a background check by state police.

To carry a concealed gun for self-protection takes a special permit, granted to those who have proof their lives may be in danger.

"Mr. Wollard was the victim of a home invasion Christmas Eve -- of all times -- in 2002," said Cary Hansel, Raymond Wollard's lawyer.

The suspect was captured by Raymond Wollard and his son in their Baltimore County farmhouse. He's now out of jail. 

When Wollard went to re-new his conceal permit, he didn't get it.

"Despite the fact the criminal lives just miles away. Despite the fact it had taken the police two and a half hours to respond. [It said] that he had failed to show what Maryland State Police call a 'good and substantial reason' to carry a firearm," Hansel said.

A gun rights group joined Wollard's lawsuit in federal court, challenging Maryland's law. Wollard won.

"People have a right to keep and bear arms in Maryland," said Alan Gura, Wollard's lawyer. "That means they don't need to prove they deserve to exercise that right. And so Mr. Wollard is entitled to carry a gun for his protection."

Maryland's attorney general does plan to appeal the ruling, and will ask for a stay, to keep the current permit process in place.

"We are quite confident we will prevail on appeal," Gura said.

That lawsuit does not challenge the background checks and other requirements of a common gun permit.

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